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HQ 084621


August 09, 1989

CLA-2:CO:R:C:G 084621 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6060; 6505.90.8060; 6505.90.9060

Mr. Jim Ghedi
8107 Springdale Road
Suite 106
Austin, Tx. 78724

RE: Classification of baseball caps

Dear Mr. Ghedi:

This is in reference to your letter dated April 14, 1989, requesting the tariff classification of baseball caps under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples produced in China and Taiwan were submitted.

FACTS:

The merchandise at issue is baseball caps. Three different samples were submitted. Sample number 1 is a knit black cap that is composed a polyester knit crown with cotton interface linings. Sample number 2 is a woven gray cap that is composed of 55 percent ramie and 45 percent cotton. Sample number 3 is a woven beige cap composed of 60 percent rayon and 40 percent cotton.

ISSUE:

What is the classification of baseball caps?

LAW AND ANALYSIS:

Heading 6505, HTSUSA, provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, whether or not lined or trimmed. Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided such headings or
notes do not otherwise require, according to the remaining GRI's taken in order. The hats at issue fit under the terms of heading 6505, HTSUSA, and according to GRI 1 must be classified as such. Sample number 1 is a knit hat and samples number 2 and 3 are hats of other textile fabric.

HOLDING:

Sample number 1 is a polyester knit hat and therefore, classifiable under subheading 6505.90.6060, HTSUSA, as hats, knitted, whether or not lined, other, of man-made fibers, knitted, not in part of braid, other. The textile category number is 659, the rate of duty is 39.7 cents per kilogram and 14.1 percent ad valorem.

Sample number 2 is a woven hat that is listed as being in chief weight of ramie. If the hat is in chief weight of ramie then sample number 2 is classifiable under subheading 6505.90.9060, HTSUSA, as hats or other textile fabric, whether or not lined or trimmed, other, other, other. The textile category number is 859, the duty rate is 22 cents per kilogram and 8 percent ad valorem.

Sample number 3 is a woven hat that is claimed to be in chief weight of rayon. If the hat is in chief weight of rayon then it is classifiable under subheading 6505.90.8060, HTSUSA, as hats of other textile materials, other, of man-made fibers, other, not in part of braid, other, other. The textile category number is 659, the rate of duty is 22 cents per kilogram and 8 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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